The applicant brought a motion under section 21(5) of the Courts of Justice Act to set aside an order of a single judge of the Divisional Court.
The motion judge had dismissed the applicant's request to file four affidavits in support of its application for judicial review of a labour arbitration decision.
The Divisional Court dismissed the motion, finding no palpable and overriding errors of fact or errors of law.
The court agreed that the proposed affidavits, which detailed oral submissions made before the arbitrator, were an impermissible attempt to supplement the record and did not fall within the narrow exceptions for admitting affidavit evidence on judicial review.
